
Class. 



J K \^ b 



Book i^AlMM 

OFFICIAL DOiSAXIOIsr. 



A DIGKST 



OF THE 



ELECTION LAWS 



OF THE 



STATE OF ARKANSAS, 



BY BEN B. CHISJVI 

SECRETARY 0F STATE. 



PUBLISHED B! AUTHORITI OF THE GENERAL mMil 



Little Rock, Ark.: 
PRESS PRINTING COMPANY. 

1891. 



N?3i' 



Little Rock, Ark., June i, 1891. 

By an act of the general assembly, approved March 24, 
1 891, the secretary of state was directed to digest or codify all 
the laws of this state relating to elections and the elective 
franchise. In the performance of this duty I have sought to 
collect kindred subjects of the old and new election laws, 
under convenient heads. It is not made the duty of the di- 
gester to reconcile apparent discrepancies or interpret doubtful 
provisions of the law ; nor has this been attempted, but the 
letter of the law has been adhered to strictly. 

In our new election law the distinguishing features of the 
Australian ballot system have been incorporated and, if upon 
trial, imperfections are found to exist, the next general as-sem- 
bly will no doubt correct these imperfections and render the 
law efficient in its workings, and acceptable to the people of 
the state. 

x\ttached to the digest are certain forms such as are used 
in other states. These forms are not prescribed by law, but 
are given with the view of assisting election officers in the dis- 
charge of their duties. 

BEN. B. CHISM. 



A DIGKST 



OF THE 



ELECTION LAWS 



OF THE 



STATE OF ARKAaSAS, 



BV BEX B. CHISXI 

-EIRETAKV C7 STATE. 



mmi[\ M' AlIHiiRill nF IHE i,E\TfMl A^^niBLT 



LiiTLE Rock, Ark.: 
PRESS PRINTl.NG COMPANY. 

ISM. 






FEB 20 1906 

aotD, 



A DIOEST 

OF THE 



ELECTION LAWS 

OF THE 

STATE OK ARKANSAS. 



GENERAL ELECTION— TIME OF HOLDING. 

Section I. On the first Monday in September, eighteen 
hundred and seventy-six, and every two years thereafter, there 
shall be held an election in each precinct and ward in this state 
for the election of all elective state, county and township offi- 
cers whose term of office is fixed by the constitution at two 
years; and state senators in their respective districts when the 
terms for which senators may have been elected shall expire 
before the next general election ; and for judges of the supreme 
and circuit courts when the term of office of any judge shall 
expire before the next general election ; and for representatives 
to the congress of the United States for each congressional dis- 
trict ; and for prosecuting attorneys. (Mansf. Dig., sec. 2652.) 

STATE AND COUNTY BOARDS OF ELECTION COM- 
MISSIONERS—THEIR DUTIES. 

Sec. 2. State and county boards, members of. — That 
the governor, auditor and secretary of state shall constitute a 
state board of election commissioners, whose duty it shall be, 
within sixty days after the 4th day of May, 189 1, to appoint 
within and for each county in the state a county board of elec- 



N. B. —The federal statute fixes the Tuesday after first Monday in November 
for election of members of congress. 



— 4— 

tion commissioners, to serve as such county election commis- 
sioners until their successors shall be appointed and qualified, 
not more than ninety days nor less than thirty days before the 
next general election. (Act 1891.) 

Sec. 3. Persons disqualified to act as county com- 
missioners. — No person who is a candidate for any office to 
be voted for at such election, or is a deputy, or clerk or em- 
ploye of any officer or person who is a candidate for election^ 
shall act as county commissioner. (Act 1 891.) 

Sec. 4. County commissioners, how appointed, — The 
appointment of the county commissioners shall be in writing- 
under the hands of the state board, and the state board shall 
immediately mail to each county commissioner, at the county 
seat, a notice of his appointment, and, in addition thereto, shall 
mail to the clerk of the circuit court in such county, a certifi- 
cate of the appointment of such commissioners, and, upon 
receipt of such certificate, it shall be the duty of such circuit 
clerk to cause to be served upon each of said commissioners,, 
by the sheriff, a notice requiring said commissioners to appear 
before said clerk on or before the day fixed for entering upon 
their duties, and take and subscribe to the oath prescribed by 
section 20, of article 19, of the constitution, which said oath 
shall be indorsed on the certificate, and, when so indorsed, said 
certificate shall be filed in said office as a record. (Act 1891.) 

Sec. 5. Certain duties heretofore performed by 
county clerks now by county commissioners.— That the 
several duties imposed upon the county clerks in this state, and 
the acts or things to be done by said clerks in connection with 
returns of elections upon which other persons and officers are 
to act, as prescribed by so much of chapter 56 of ^Mansfield's 
Digest of the Statutes of Arkansas as is not repealed by this 
act, be and the same are hereby required to be performed by the 
county election commissioners, and all acts to be done by other 
officers upon returns or certificates to be made by said clerks, 
shall be done and performed upon returns and certificates re- 
quired to be made by said county election commissioners^ 
(Act 1891.) 



Sec. 6. Term of office of county commissioners. — The 

said commissioners shall hold office until their successors are 
appointed and qualined. i'Act 1891.' 

Sec. 7. Time of meeting of county commissioners, 
and how to organize. — Said commissioners shall meet at 
the court house at least twenty days prior to the general elec- 
tion, and shall organize themselves into a board of election 
commissioners by electing one member chairman and another 
clerk. (Act 1891.' 

Sec. S. County board to appoint judges and decide 
questions coming before them- — Each commissioner shall 
have one vote, and f.vo shall constitute a quorum, and the con- 
curring votes of any two shall decide all questions before them. 
{Act 1 89 1." They shall, after their organization as aforesaid not 
less than nve days before any general election, appoint three 
judges of election for each voting precinct in the county, and 
the clerk of the board shall make a record of such appoint- 
ments, and shall file the same, attested by the chairman and 
the rlerk of the board, with the county clerk. 1 Act 1891.; If any 
judge so appointed shall die or resign before the election, said 
board shall nil the vacancy. (Act 1S91.) 

Sec. 9. County board to be of different politics.— All 
of said county commissioners shall not be members of the 
same political party. (Act 1 891. 

Sec. 10. Vacancy in county board, how filled,— Any 
vacancy in the county board of commissioners shah be nlled 
by appointment by the state board of commissioners, in the 
same manner as the county commissioners are originally ap- 
pointed ; and if it shall occur that all, or a majority, oi the 
county commissioners shall resign, refuse to act. die, or their 
places become vacant from any cause, so that there shall not 
be a quorum in office at the time that said board is required to 
do and perform any of the acts or things by this act required 
of them, then, and in that event, the county judge, sherift" and 
county clerk, shall, in the order herein named, nil said vacan- 
cies for the time, and shall perform the duties of election com- 



— 6— 

missioners until the vacancies in said board can be filled, as 
herein provided for. (Act 1891.) 

JUDGES OF ELECTION. 

Sec. II. ftualification of judges of election. — The 

judges of election so appointed shall be discreet perso7is, able 
to read and write the English language, and qualified electors 
in the precincts for which they are appointed to act ; and they 
shall not all be selected from the same political party, if com- 
petent persons of different politics can be found. The judges 
of election appointed under this act shall continue to be judges 
of election, within their respective precincts, until the next gen- 
eral election, unless sooner removed by the county election 
commissioners. (Act 1891.) 

Sec. 12. Judges and clerks of election, when incom- 
petent. — No person hereafter shall be competent to act as 
judge or clerk of any election authorized to be holden by the 
laws and constitution of this state who shall have any m jneys,. 
goods, wares or merchandise bet on the result of any such 
election. (Mansf. Dig., sec. 2657.) 

Sec. 13. Misdemeanor to bet on result of election. — 
Any person who shall act in any election as aforesaid, having 
any moneys, goods, wares or merchandise bet on the result of 
any such election, shall be deemed guilty cf a misdemeanor, 
and, upon conviction thereof, shall be fined in any sum not ex- 
ceeding one hundred dollars, to be fixed by the judge or jury 
trying the case. (Mansf. Dig., sec. 2658.) 

ELECTION PROCLAMATION. 

Sec. 14. Sheriff to make proclamation. — It shall be 
the duty of the sheriff of each county, at least twenty days 
before each general election, and ten days before the holding 
of each special election, to give public notice, by proclamation 
throughout the county, of the time and several places of hold- 
ing such elections in his county, and the officers to be elected 
at such time. (Mansf. Dig., sec. 2659.) 



Sec. 13. Where proclamation shall be posted. — A 
copy of such proclamation shall be set up at each of the places 
fixed for holding such election, and two or more of the most 
public places in each township, and publish the same in a new^s- 

paper, if one be published in the county. (^lansf. Dig., sec. 
2660.) 

OATH OF JUDGES AXD CLERKS. 

Sec. 16. Form of oath for judges.— The judges, before 
entering on their duties, shall take, before some person author- 
ized by law to administer oaths, the following oath : '' I, , 

do swear that I will perform the duties of judge of this elec- 
tion according to law and the best of my abilities, and that 
I will studiously endeavor to prevent fraud, deceit and abuse 
in conducting the same, and that I will not disclose how any 
elector shall have voted, unless required to do so as a witness 
in a judicial proceeding or a proceeding to contest an election.'" 
(Mansf. Dig., sec. 2661."! 

Sec. 17. Form of oath for clerks. — The clerks of elec- 
tions, before entering on their duties, shall take an oath that 
they will faithfully record the names of all voters, and that 
they will not disclose how any elector shall have voted, unless 
required to do so as a witness in a judicial proceeding or a pro- 
ceeding to contest an election. 1 ^lansf. Dig., sec. 2662.) 

Sec 18. Judges to administer oaths, when. — In case- 
there shall be no person present at the opening of any election 
authorized to administer oaths, it shall be lawful for the judges 
of the election to administer the oaths to each other and to the 
clerks; and such judges shall have full power and authority to 
administer all oaths that may be necessary in conducting any 
election. (^lansf. Dig., sec. 2663.) 

Sec. 19. Oaths of judges and clerks to be prefixed to 
poll books. — The person who shall administer the oaths to the 
judges and clerks of any election shall cause a certificate to be 
prefixed to the poll books in words to the following effect : 'T 

do certify that and , judges, and and ^ 

clerks, of the election held in the township of .... , in the 



-county oi on the day of , in the year one 

thousand eight hundred and , were severally sworn as 

the law directs previous to entering on their respective duties ;" 
which certihcate shall be subscribed by the person administer- 
ing the oaths, and shall be considered as a part oi the reccrd 
of the election. Alansf. D:g., sec. 2664.) 

Sec. ::. Election judges and clerks, how appointed 
in certain cases. — If any election judge shall be abseiii a: the 
time fixed for the opening oi the polls, the other judge or 
judges shall appoint some person or persons having the quali- 
fications prescribed by this act for election judges, to supply 
such vacancy ; and if all the judges shall be absent, then the 
voters present shall elect as judges persons having the required 
cualincations. The judges cf election shall appoint two clerks 
at each precinct, '.-^.c: iSoi.) 

OPEXIXG OF POLLS. 

Sfc. 21. Time of opening and closing of polls,— The 
polls shall be opened at eight o'clock a. m., and shall remain 
continuously open until half-past six o'clock p. m. <Act 1S91.') 

MAXXER OF VOTIXG AXD COXDUCTIXG ELEC- 

TIOXS. 

Sec. 22. All elections to be by ballot, — Ali eiectims 
by the people shall be b\- bailor. Every ballot shall be num- 
bered in the order in v,-hich it sc.all be received, and the num- 
ber recorded by the election officers, on the list ot voters, 
opposite the name of the elector who presents the ballot, 
piansf. Dig., sec. 26:5. 

OUALIFICATIOXS OF ELECTORS. 

Sec. 2^. Persons entitled to vote, — Every male citizen 
of the L'nited States, or male person who has declared his m- 
tention of becoming a citizen of the same, of the age oi 21 
years, who has resided f.velve months in this state, and in the 
county six months, and in the voting precinct, or ward, one 
month next preceding anv election, and who shall have estab- 



— 9— 

lished his possession of these qualifications in the manner 
prescribed by law, shall be entitled to vote at all elections by 
the people. Xo idiot or insane person shall be entitled to the 
privileges of an elector, nor shall any soldier or marine in the 
-military or naval service of the United States acquire a resi- 
dence that shall entitle him to vote by reason of being sta- 
tioned on duty in this state. Xo one who has been convicted 
ot any offence which is a felony at the common law, or by 
statute, shall be allowed to vote at any election in this state, 
unless such person shall have been pardoned by the governor; 
and the records of the court wherein such person shall have 
been convicted shall be conclusive evidence of his conviction. 
(Act 1891.) 

Sec. 24. Judges to interrogate persons offering to 
vote tOlielling their qualification. — Whenever any person 
shall present himself to vote, and there shall be no specific 
evidence prescribed by law as being necessary to establish his 
qualifications, the judges of election may interrogate him under 
oath touching his qualifications as an elector, or they may 
satisfy themselves in relation thereto by any other legal 
testimony. TAct 1S91.) 

BALLOT BOXES. POLL BOOKS, ETC. 

Sec. 25. County boards to provide and deliver to 
sheriff ballot boxes, poll books, tally sheets, blanks and 
ballots, and sheriff to deliver same to election judges. - 

It shall be the duty of the county election commissioners to 
provide for each election precinct a good and suflficient ballot 
box with lock and key, two blank poll books containing proper 
captions and supplied with sufficient pages to record the names 
of all voters in the precinct, tally sheets and envelopes in which 
to seal up the ballots and certificates, and 150 ballots for each 
50 or fraction of 50 electors in each township, or ward of a city 
or incorporated town in the county. They shall also provide 
on sheets separate from the poll books blank forms of certi- 
ficates prepared in such a manner as will enable the judges of 
election to properly certify the result of the election, upon 



— 10 — 

which certificates shall be indorsed ?. blank form of the oath to- 
be taken by the judges and clerks before entering upon the 
discharge of their duties. Such ballot box, poll books and 
blank certificates, tally sheets and envelopes and ballots shall 
at least three days before each election be delivered by said 
commissioners to the sheriff, or in the event of his being a can- 
didate at such election, then the same shall be delivered to the 
person appointed to perform the duties of said sheriff, as pro- 
vided for in section 26. It shall be the duty of said sheriff or 
person appointed in his stead, as in this act provided, to de- 
liver the same to the judges of election when they have assem- 
bled at the voting place for the purpose of holding the elec- 
tion. (Act 1 891.) 

Sec. 26. Sheriff to police election precincts. — The 
sheriff of the county shall police the election precincts and 
preserve order. He shall appoint not exceeding three depu- 
ties at each precinct, and shall allow no crowed to collect at the 
polling place nearer than herein provided for, and no deputy 
herein provided for, while engaged in the duties herein pre- 
scribed, shall in any manner influence, or endeavor to influ- 
ence, any person in casting his vote. Provided, That when the 
sheriff, for the time being, shall be a candidate at any election, 
it shall be the duty of the county election commissioners to 
appoint some suitable person or persons at each precinct, to 
perform the duties of the sheriff as hereinbefore prescribed, 
and the said sheriff and his deputies are hereby disqualified to 
discharge said duty in such cases. (Act 1891.) 

Sec. 27. County to pay for ballot boxes, poll books, 
etc. —The said ballot box, poll books, tall}^ sheets, envelopes, 
certificates and ballots shall be paid for by the several counties 
of the state. (Act 1891.) 

Sec. 28. County to furnish ballots, except for mu- 
nicipal elections. — AH election ballots used in any presiden- 
tial, congressional, state, district, county, township, or munici- 
pal election in this state, either general or special, shall be pro- 
vied at county expense by the county election commissioners 
of the counties in which they are used, respectively ; except the 



b?. ::- used exclusively in municipal elections, which shall be 
provided by the commissioners at the expense of the cities and 
incorporated towns in which they are .sea. rescertively, and 
no ballot shall be received or ::u: :e: ::: any election to which 
this act applies, excQ'p': it be r : z : : y the co'2nty election 
commissioners a s r r r : . y r e s c ri : r a h : : : : 

XOMIXATIOX OF C.^NZ-IDATZS. 

Sz:. 2G. How nominations of candidates must be 
certified, and certificates sworn to —The nominations of 
: ei .ah :e :t:: aea :':.-: : ^ : ?a -r : By the 

a.... .....a a:- stz:t:^.:y :: ^ay a:ave:::.::i c: ^c.=^a:e- or of 

the canvassing board of any primary- election, held by a : : r::y 
of any organized political party in h:e s:a:e, :r ^ lavisioii 
thereof, in which such convention or pria.ay t r:: 5 he. a; 

and, also, by electors of the state, distria:, a:aa: :c .::s.ii;/, 
ward of a city or incorporate a town, for which the r.ominatioo 
is made. Promded, That the raaia.ber af si^aatares ::" e.eatars 
so required shall not be ^t s ::aa a: a:r more t aa :re 
thousand, for the state or aa.y a.str.c: ar caunt3% and nat .ess 
than ten, nor more than fifty, for any township, or ward of a. 
city or incorp : rated t a w n . (Act 1 89 1 .) 

Sec. ::. Certificates of nomination to be sworn to. 
accompanied with fee. — Al. cer:adca:es a: na::: aa:-:a aaaae 
'■::)': ta.r ch ra_a aad secretaries of conventions, :r f c a a. ask- 
ing boards of primar}- elections, shall be duly acknowleaged 
before an officer authorized by law to take acknowledgmeats 
The said certificate of nomination shall be accompanied by the 
receipt of the treasurer or collector of each count\* in which 
any candidate is to be voted for, for the following amounts,, 
namely : Candidates for offices to be voted for by the electors - 
of the entire state, fifty cents each ; candidates for offices to be 
voted for by the electors of a district composed of more than 
one count\% except nterabers of congress, three dollars; candi- 
dates for representatives in congress, ten dollars ; candidates 
for offices to be voted for by the electors of a single count}-, 
three dollars; candidates for offices to be voted for by the 



electors of a township, one ii^ir . rse ezVztl. 15 



Sz:. _:: Tees :o go into county general fnnd — Can- 
didates for town ofB-Ces to p:.v :er — Ti. : iires :';r :.— .res 
to be voted ibr :; : t et:: :- f i : : jitt: ::wa or 

city shall preser: :/t ert : f :t 5 :t: :r co. ector of 

such municipal::; : : : : e i _ t 1 .: tizh. All rconey 

received :'r;:i. this soarcr ~. ill ze z'.izti :: "l:r :rti : :: :lt 
fund for ^ertri-l e::rr- = t5 ::: si:i z'.'.y ir town. (Act 1^91.; 

NOMIXATIOX5— 'VHZi: ^11 HZJ Z 711ED. 

Sz3. 52. Certificate 0: nomination of certain officers, 

^W'here filed. — A11:t:-: :rr ::—::;:::: :l:i::iii:ff 



1^ 1:^ 1:11-:::: :r:l:t:s, either by c t : : 1 i: 

election :r t-c:tors, sh^ll it flei viih the ftirtiir : :' suit 
and all cemncates ci' ire r. : i 1: : iir.i:i = its :ir i : _nr\- 



S^:. f3 Time of fling certificates of nomination 
-^ri:!: 5r::'e:?.:'T :: state and county board — Ten:-. mts i:' 

if siiie li^ It filed not mi re ihir, f:xr.- iiys. and not less 
than tweii. ii 5 zefire ilie f 1; -.xzi 17 law for the election of 
11-51-5 I i:~ II :i fen-:"!- i" ii~ iition herein 

i:r::fi :: it f.ti - .:':. :it : _ : r r::.::i : iimissioners 

shall be ~-ti not more iliir sixiv iiys. =zi rii tf^ tliin 

-lit I I tf ire the elect; 11. Pnnitud, That in case of any 

irurring in ir :i:ri r.ition by f tilin^tiin. with- 

iri^ ^. it:^:h or other r It :t:itr£! ciii:i: ::tt :r a con- 
vention or ir:niiry tit:: : : 11 ::: : 1: i_:i:5t : : i 
party on whose ticke: such \--:^z-=.'2.zy rr.iy ie. my stit:: =r.f 
cert'y- t: the seireiir.- :f sine. :: i::itr i:_i: tir:::i»n 
com: f5 : itrs. :iit ii~t :f :ht :iii:f i:e :: lil i-i iiiicy. 
(Act 1 891.) 



Sec. 3-1. Errors and omissions in description of can- 
didates, or in printing ballots, how corrected, '.Vher.- 

occurred in the publication c: :he r.^rs.zs : r its:: crion of can- 
didates nominated :':r office, or in the zrlrr.ir.g of ballots, the 
circuit court ; : ir : : s.r.'r/. or the y^-zgt :'r.z:z : :' in vacati?"., cr 
if the circuit ; - ige ze ::;tn Lzstr.'. ::zrr. ::.t : : _::: :/.t ^ ^iz~ 
of the county court shaU, up : r. t .. e =.1 c h ; iti : :: : :' zr.y tt:::: 
by order, require the c: ur.tv eie:ti:a commissioners to :f::r:.e- 
diately correct such err:: :r :::: ssitn. cr sho^' caizse vhv the 
same should net ze i:r.e. .-.:: :f^:. 



Szc. 55. When secretary of state to certify nomina- 

£e:re:^r' :: i.-.'z :.7... :e::: :: '--.. :::e ::_:::; e.e::::n cocq- 
- sr : e:^ :h . 5:5 i:^.. :^zz.zi.:zs :: : z .: :e ::: r :n their 
counties, res; e:::e-v. zs the " :"::niti:n5 h = ve zztz. :er: hei 
to him. « Act : 5 :: 

Sec. 3^. Felony to destroy or deface certif cate of 
nomination or to forge the name of any judge on any 
ballot, or sunTDress anv nomination —Ever-,- ztrs::. h: 



z. \ :/-.:'}-'.. \ :' ' :r zz." zz~~ '.Zz:ti',. or i-ic 3.ny :e:.:..::.:e :: 
:\ \ : - ; : :;^ t.te sii^e, or any part the:-:: :: ze 
I'iise, or sapzrrfs iny nomination which \\z- zttz zuly filed, or 
any part thereof, or ::rge :r hev write the name or inhia.s 
of any judge z: e'e:t r. : :: . : h:t sh?/.. he f eemedguiiLy 
of a felony. i::i :n ::::.::::: ti^rr :h z : r :y confine- 
ment at hi: i iibor in the penitentiary not less thf.:. : re year 
nor more than nve ye = :5. (Act. 1891.) 

DECLIXATIOX OF CANDIL .-.TZS. 

Szc. f -. The secretary of state not to certify certain 
names — The 5e::e:i:v : ;" r:.:^ - . h :::i certify the zzzz :: 
any cana^Gaic .vr^ose ctzzz : ziz :; .. :. ination shall itci^c oeea 
filed in his office, who ; ... .r..e r.itified him in writings 
^ tired beftre an officer aut :r :tz h 'a t; tike 



— 14— 

acknowledgments, that he will not accept the nomination 
specified in the certificate of nomination. (Act 1891.) 

Sec. 38. County board not to post certain names.— 

The county election commissioners shall not include in 
the posting to be made by them, as hereafter provided, the 
name of any candidate whose certificate of nomination shall 
have been filed with them, who shall have notified them in like 
manner, that he will not accept the nomination, nor shall the 
names of such persons be printed on the ballots provided by 
the commissioners. (Act 1891.) 

Sec. 39. Secretary of state to certify proposed 
amendments to constitution. — Whenever a proposed 
amendment to the constitution, or other question, is to be sub- 
mitted to a vote of the people, the secretary of state shall, not 
less than eighteen days before the election, duly certify the 
same to the commissioners of each county in the state, and 
the commissioners shall include the same in the posting which 
they are by this act required to make, and also print the same 
on the ballots. (Act 1891.) 

PUBLICATION OF NOMINATION. 

Sec. 40. County board to publish nominations, how. 

— The commissioners of each county shall make publication 
of all nominations filed with them, and all nominations certi- 
fied to them by the secretary of state, and also all proposed 
amendments to the constitution, and other questions certified 
to them by the secretary of state, or required by law to be 
submitted to the electors at any election, by posting a list 
thereof at the door of the court house at least ten days before 
the day of election. (Act 1891.) 

DESCRIPTION OF BALLOTS. 

Sec. 41. Ballots must all be alike, and how printed. 

— All election ballots provided by the county election com- 
missioners of any county in this state for any election shall be 
alike, and shall be printed in plain type ; and shall contain in 
the proper place the name of e\ ery candidate whose nomina- 



—15— 

tion for any office to be filled at that election has been certified 
to the said commissioners, as provided for in this act, and 
shall not contain the name of any candidate or person which 
has not been so certified. Below the names of the candidates 
for each office nominated by the organized parties, as well as 
those nominated by electors, shall be left a blank space large 
enough to contain as many names in writing as there are offices 
to be filled. (Act 1891.) 

FORM OF BALLOT. 

Sec. 42. The county election commissioners shall prepare 
the ballots provided for under this act in accordance with the 
following form, except the order in which the several offices 
to be filled are stated, namely : 



— 16— 

OFFICIAL BALLOT Election 189 

[Cross out or scratch off the names of all persons except 
those for whom you wish to vote.] 

Governor. Vote for one. 

John Smith, Dem. 
William Jones, Rep. 
Henry Fisher, Ind. 



Secretary of State. Vote for one. 

Thomas Moore, Rep. 
William King, Ind. 
James Sinclair, Dem. 



Auditor of State. Vote for one. 

William Miller, Dem. 
John Pope, Rep. 
Thomas Andrews, Ind. 



For Sheriff. Vote for one. 

Thomas Jones, Dem. 
James White, Ind. 
George Smith, Rep. 

For Representative. Vote for two. 

John Doe, Dem. 

Richard Roe, Dem. 

Hiram Smith, Ind. 

Henry Jones, Ind. 

William Carter, Rep. 

Nathan Hardy, Rep. 



(Act 1891.) 



POLIIXG Pl.-XES— HOW ARF..-.XGED. 

Sec. -l;. Officers to provide polling places, booths^ 
etc. No one allowed within fifty feet,— A'.: z^.zqts 

upon whom :r.e -L ■ i.pzsts ::.e --V :: it~:gr.i,z:z^ r-*'^" 
ing places, shall provide in each room zzs-gr.h.:ti by :he::i 
as a pc'.'ir.^ p!=ce, one booth or c : r. ::.',:::: r:: :":r each 
one hur.irei e.ecrDrs. or fraction of zr.t r.u"irti. voting 
therea: a: ti^.e iast preceding eie:tion, and furnisi^. tine same 
withatr.iir ri.ri:' :r iesk:":r :i-:e convenience ::" ziecrors in 
preca::::g :::r.r c^iiits. SaA b: : tins shall be a: ieas: nve feet 
apar:, r.nc :i:e aiis :::ereA sicaii be of ^vccd ar^d s: con- 
structed as :: er.acie e^:i". eiectcr :c enter tinerein and prepare 
his ballot free from the interference of anv perscn i.: —so- 
ever. And no person sha'd be perntit:ec _nfrr any cretext 
whatever, to come nearer than d:by iztt : :' any c: ;r :r vnA.v 
of any polling room, from the opening : :' the ptiis until the 
completion of the count of the baiitts and certincatiin ;:' the 
returns, except as herein pr: video. Act i?pi.. 

Sec. --. Cards of instruction to be prepared by 
county commissioners and posted by election judges. — 
The election commiss:: ners cf each ccunty shad cause to be 
printed in large type :n ;=.As insure ::;: ::5 ::: the go: An:e of 
electors preparing :nc:r c£:i.:t-. Tney -nai. i-rniiin tveo. e such 
cards to the judges or' eiecticns -in each election district, at the 
same time and in the same n.^n;.-: as the printed baiitts. The 
judges of election shall post not less :d?-n re : :" s_:h cares in 
each place or compartment provided : : r tne preparatiin of 
ballots, and not less than three ::* such cares else here m ana 
about the polling piace up.n :n- A :: eiection. Said cards 
shall be printed in large, ciear type, -re ^hall contain d-ii in- 
structions to the voters as to vhat so _iu be done. First, to 
obtain ballots for voting. Second, to prepare the bail its for 
deposit in the ballot boxes Third, to obtain a new ballot ii> 
place of one accidentally spoiled : also a copy of sections 50^ 
S^> 52. 53 54, St 3"d 59 of this digest. Act 1891.) 



i^. 



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— 19— 

the judges to assist in its preparation, or he can withdraw after 
having returned to the judges the ballot delivered to him. 
(Act 1S91.) 

Sec. 49. All electors must leave room after voting. 

— After having voted, or declined to do so, the voter shall im- 
mediately depart from the polling place, and go beyond the 
prohibited distance therefrom, (Act iSgi.j 

BALLOTS. HOW OBTAINED BY ELECTORS. 

Sec. 50. Judges to give electors ballots, who must 
prepare them. — Each elector upon entering the polling room 
shall be given one ballot by the judges. Before delivering a 
ballot to an elector at least one of the judges shall write his 
name or initials on the back thereof. On receiving his ballot 
the elector shall forthwith, and without leaving the polling 
room, retire alone to one of the booths provided for that pur- 
pose, and there prepare his ballot. He shall scratch off, erase 
or cross out the names of all candidates except those for 
whom he wishes to vote, and write the name of any person for 
whom he may wish to vote whose name is not printed where 
he would have it, or not printed on the ballot at all. (Act 1891.) 

Sec. 51. Ballots for constitutional convention and 
license — How prepared. — In the case of a constitutional 
amendment or other question, as, for instance, " for license," or 
'• against license." which the county election commissioners 
shall cause to be printed on the ballots whenever the question 
of liquor license is to be voted on, the elector shall cross out 
parts of his ballot in such manner that the remaining parts 
shall be as he wishes to vote. (Act 1891.) 

Sec. 52. Ballots, where and how deposited in boxes. 
— After thus preparing his ballot the elector shall fold the same 
so as to conceal the face thereof, and show the name or initials 
of the judge on the back, and hand it to the receiving judge, 
who shall call out the name of the elector, the number of the 
ballot, and write the number on the ballot and then deposit it 
in the ballot box in the sight of the elector, who shall then 



— 20 — 

immediately leave the room and go beyond the prohibited 
distance. (Act 1891.) 

Sec. 53. Judges to furnish two or more tickets in. 
certain cases, but in no case to be taken out of room. — 

Any voter who shall, by accident or mistake, spoil any ballot 
so that he cannot conveniently or safely vote the same, may 
return it to the judges and receive another in the place thereof. 
In no case shall any person be permitted to carry a ballot out-^ 
side of the polling room. (Act 1891.) 

Sec. 54. Judges to prepare ballots for voters unable 
to make out their own tickets. — Any elector who shall tell 
the judges that he cannot read or write, or that by reason of 
physical disability he is unable to mark his ballot, may have the 
assistance of two of the judges in the preparation of his ballot,, 
who, in the presence of the elector and in the presence of each 
other, shall prepare his ballot for him as he wishes to vote it. 
But before any such elector shall be required or permitted to- 
tell how he wishes his ballot made up, or for whom he wishes 
to vote, all electors, including those in the booths, shall be re- 
quired to withdraw from the polling room. (Act 1891.) 

Sec. 55. No ballot to be put in box without the 
judge's name or initial on it. — No ballot shall be received 
from any elector or deposited in the ballot box, which does 
not have the name or initials of at least one of the judges in- 
dorsed on the back of it. (Act 1891.) 

Sec. 56. The judge to whom any ballot shall be delivered 
shall, upon receipt thereof, pronounce in an audible voice the 
name of the elector from whom he receives the ballot, and if 
no objection be made to him, and the judges be satisfied that 
he is legally entitled, agreeably to the constitution and laws of 
the state, to vote at the election, he shall immediately number 
the ballot, as provided in section 2675, and put the same in 
the ballot box without opening or in any way inspecting the 
names written or printed thereon. (Mansf Digest, sec. 2681.) 

Sec. 57. It shall be the duty of the clerks of election to 
register the names of each and all electors in the order in 
which they may present their ballots, placing opposite each 



— 21 — 

tiame its appropriate number, as required by section 2675. 
(Mansf. Digest, sec. 2682.) 

Sec. 58. When the races shall vote alternately.— In 

precincts in which more than lOO votes were cast at the elec- 
tion next preceding the one then being held, where the electors 
consist of persons belonging to the different races, the judges 
of election and the sheriff in attendance shall, when there are 
persons of both races present and ready to vote, so conduct 
admittance to the voting place as to permit persons of the 
white and colored races to cast their votes alternately. (Act 
1891.) 

Sec. 59. Penalty prescribed, for having ballots out- 
side of voting" room. — Any person taking or carrying any 
ballot obtained from any judge outside of the polling room, or 
having in his possession outside of the polling room before the 
closing of the polls, any ballot provided by any county election 
commissioners, as prescribed in this act, or any paper purporting 
to be such a ballot, shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof shall be fined not less than twen- 
ty-five dollars nor more than one hundred dollars, and impris- 
onment in the count}- jail not less than one month nor more 
than six months. (Act 1891.) 

Sec. 60. Officers and others prohibited from election- 
eering on an election day, or within 100 feet of polling 
place. — ^^'o officer of election shall do an\' electioneering on 
election day. Xo person whomsoever shall do any electioneei'- 
ing in any polling room, or within one hundred feet of any poll- 
ing room on election day. > Act 1891.) 

Sec. 61. No person shall hire or bribe an elector 
to vote for or against any candidate or question— 
Nor shall an elector receive anything of value for 
Ms vote— Violation of this section a felony. — Xo person 

shall, at or before an\- election, directly or ind recti)-, hire or 
bribe an\* elector to vote for or against the nominee of an\' 
political party, or for or against any particular question or can- 
didate. Xo person shall coerce, intimidate or unduly influence, 
or attempt to coerce, intimidate or unduly influence, an\- elector 



to vote for or against the nominee of diy r clitic ai part}", or f:r 
or against any parricuiar caestion cr canaicare, by any threat 
or warning of persan^i 'iriencr :r in;ar'.-, :r by any :i:re = : :r 
warning of e;ectmen: :'::::: rented :r ie?.sea arena. ses, or :: :l:e 
foreclosure of any mirr^a^e cr deea ::' trust, ;r of any action 
at law cr ezait}-. or o: discharge fr:n: entci lyntent, :r c: ex- 
pulsion from membership in aay :itar;i: i:d~e, secret ;rder :r 
benevolent society, or by any :r,tn. :r arhrn:at::n, :r secret 
written pledge. Xor shall any elector take cr recei\-e an\' 
money or other valuable thing, cr the prcntise :: :'.:'.y :r.::.zy 
or other valuable thing :n c : nsiderati: n that he snail or will 
vote for or against any cana:date :;r crnce :r : : r cr against any 
such candidate cr question, cr shall prcntise tc \-:te :zt ;r 

o:zt year n:r nt:re than three jcears. Act iSa:. 

Se:. fr. Felony to destroy, deface or make away 
with election ballots, tally sheets, certificates or ballot 
box.— h.ny electizn idhcer :r ether persin -.vh : n:s : ever ■■■':.: 

dalseiy cr fraudulently certirc the returns cf any election, cr 

b a hot, tally sheet, certincate :r ballet b:x, either aefire :r 
after the closing of the n:hs, sha 1 be deented guilty :f a fel: -r.y. 
and en conviction there :f, punished by imorisinnnent at hard 
labir in the penitentiar\- n:t less th^n :-: : n:r ntire than sevea 
years. h\ct 1891.) 

COUXTIXG THE BALLOTS., RETURNS, ETC. 
Sz:. 63. Judges to sign poll books. — -^^: the cAsing- 

and the nuntber set dcwn at tite f: :t : : tne poll books. l-Ansf. 
D:g.. sec. 2-:S}. 

Sec. 04. Time and manner of counting the ballots. 
— After the ::_il e;cks are signed, the ballit bcx shr.,'. oe 



—23— 

opened, and the ballets therein containeu shall be taken out 
one by one at a time by one of the judges, who shall read dis- 
tinctly, while the ballot remains in his hands, the nime or 
names contained therein, and then deliver it to the second 
jucge, who shall examine the same to see that there is no mis- 
take, and pass it to the third judge, who sh^ll examine and 
carefully preserve the same. The same method shall be ob- 
served in respect to each of the ballots in the ballot box until 
the number of ballots taken out of the ballot box is equal to 
the names in the poll books. When two or more ballots are 
found folded together, it shall be considered as conclusive evi- 
dence of their being fraudulent, and neither of them shall be 
counted. If a ballot shall be found to contain a greater num- 
ber of names for any one office than the number of persons re- 
quired to fill said office, it shall be considered fraudulent as to 
the whole of the names designated to fill said office, but no 
further. A ballot shall not be considered fraudulent for con- 
taining a less number of names than are authorized to be in- 
serted. (Mansf. Dig., sees. 2683-5-6-7.) If for any reason 
they shall deem it proper to do so, they may adjourn the count 
for any reasonable period, not beyond the day succeeding that 
on which the election was held. Pending the making of the 
count any judge shall have the right to remain with the ballot 
box, but during the time for which the count is adjourned, a 
safe place of deposit may be agreed upon by all of the judges. 
(Act 1891.) 

Sec. 65. Informal ballots to be preserved— AH bal 
lots cast and not included in the count made by the election- 
judges for want of conformity to the provisions of this act, 
shall be preserved and sealed in a separate package, and be 
returned to the county election commissioners. (Act 1891.) 

Sec. 66. Judges to certify returns and transmit 
same with ballots, poll books, etc., to county election 
commissioners. — After the examination of the ballots shall 
be completed, the number of votes cast for each person shall 
be enumerated under the inspectir^n of the judges, who shall 
prepare and sign in duplicate a certificate showing the number 



— 24 — 

of v^otes given for each person, and the office for which such 
votes were given, which certificates shall be attested by the 
■clerks. And after making such certificate, the judges, before 
they disperse, shall put under cover one of said tally sheets, 
certificates and poll books, and seal the same, and direct it to 
the board of county election commissioners. And the said 
certificate and the ballots, sealed in separate packages, shall 
be conveyed by one of the judges, to be determined by lot, if 
they cannot otherwise agree, to the county election commis- 
sioners, within three days after the close of the polls, and the 
other certificates, tally sheets and poll book i^hall be retained 
by the judges, free from the inspection of all persons. 

Sec. 6-]. Penalty for judge refusing or neglecting to 
deliver ballots to county board. — If any judge of election, 
on whom the lot may fall to carry such ballots, certificates, tally 
sheets and poll books to the election commissioners, shall neg- 
lect or refuse to perform the service according to the provisions 
of this act, he shall forfeit the sum of S200, to be recovered b^' 
indictment, or by action of debt, in the name of the state, for 
the use of the county. (Act 1 891.) 

Sec. 68. County board to send after ballots, poll 
books, etc. — If any judge of election in any precinct, whose 
duty it may be, should fail to deliver to the county election 
commissioners the certificate, tally sheets, poll book and ballots 
within three da\'s. on the fourth the said commissioners shall 
dispatch a messenger to bring up the same; or the duplicate 
certificate, tally sheets, poll book and ballots, in which case the 
return shall not be compared until the seventh day, and all ex- 
pense incurred by sending the messenger shall be paid by the 
defaulting judge of election. (Act 1891.) 

Sec. 69. County board to declare result of election, 
when. — As soon as the returns from all of the precincts are 
received, but in no event later than the seventh day after the 
election, the county election commissioners shall, from the cer- 
tificates and ballots received from the several precincts, pro-. 
ceed to ascertain and declare the result of said election, and 
shall, within fifteen days after the day of said election, deliver 



a certificate of his election to any person having the highest 
number of legal votes for member of the house of representa- 
tives or any count\' or township office : and the said commis- 
sioners shall also file in the office of the clerk of the circuit 
-court a certincate setting forth in detail the result of said elec- 
tion. '_Act 1S91. 

Sec. ;o. County board to be custodians of ballots 
for six months, when they must be destroyed, except in 
cases of contest or alleged fraud.— The county election 
commissioners shall retain the custody of and safely keep all 
ballots and certificates returned to them from the several pre- 
cincts for a period of six months, after which time the same 
shall be destroyed, unless the commissioners shall be sooner 
notified in writing that the election of some persons voted fcr 
at such election and declared to have been elected, has been 
contested, or that criminal prosecution has been begun against 
any officer ot election, or person voting thereat, for any fraud 
in said election, before a tribunal of competent jurisdiction, in 
which event, so many of said ballots and certificates as ma}' 
relate to matters involved in said contest, or any prosecution. 
shall be preserved for use as evidence in such contest cr prose- 
cution. (Act 1 89 1.) 

Sec. 71. Package containing ballots not to be opened 
except in case of contest. — During the time such ballots 
may be retained, the package containing the same shall not be 
opened by any one, unless directed to do so by some compe- 
tent tribunal before which an election contest or prosecution 
is pending, in which such ballots are to be used as evidence. 

Sec. 72. Penalty for disclosing how electors vote.— 
Any person violating the provisions of this section, or v.ho 
shall disclose how any elector may have voted, unless com- 
pelled to do so in a proceeding pending as aforesaid, shall be 
deemed guilty of a misdemeanor, and upon conviction s::all be 
fined not less than SiOO nor more than $iooo. 1 Act 1S91.) 



—26— 

CHANGE IN ELECTION PRECINCTS. 

Sec. -ji. County board may establish and alter elec- 
tion precincts. — The county election commissioners are 
hereby empowered to alter the boundaries of existing election 
precincts and to establish new ones, when, in their judgment, 
it may be necessary, and to fix a place in each election pre- 
cinct where the election shall be held ; and in changing the 
boundaries of existing precincts, or in creating new ones, the 
said commissioners shall so arrange the same that all qualified 
voters residing therein may vote on the same day. Providea^ 
The said commissioners shall not have power to change the 
boundaries of existing precincts, or to create any new precinct, 
or to change the voting place in any precinct, within thirty 
days of any election, but all such elections shall be held at the 
places, and within the boundaries, as the same existed thirty 
days before the date of said election. (Act 1891.) 

Sec. 74. Record to be kept by county clerks of 
changes in election precincts.— The action of said com- 
missioners in changing the voting place in any precinct, 
or in altering the boundaries of any precinct, or in estab- 
lishing any new one, shall be entered m the lecord to be 
kept by them, and a copy of said order shall set out intelli- 
gently and accurately the boundaries of said precincts as so 
altered or established, shall be filed with the clerk of the 
county court, who shall record the same at full length on the 
record book in which the minutes and proceedings of the 
county court are recorded. (Act 1891.) 

Sec. 75. Sheriff to fix voting place in certain cases, 
where. — If the county election commissioners shall fail to fix 
a place in any precinct at which an election is to be held, it 
shall be the duty of the sheriff to fix temporarily a place of 
holding said election. Notice of any change made shall be 
given to the electors by posters put up in at least five public 
places in such precinct. All voting places shall be fixed at 
well-known points in the several precincts and easily accessible 
to all electors entitled to vote therein. (Act 1891.) 



—27— 

Sec. ^6. Recount of votes in case of dissatisfac- 
tion—By whom, when and how made. — At any time 
before the county election commissioners shall finally com- 
plete the canvass of the returns and make declaration of the 
result thereof, any candidate voted for who may be dissatis- 
fied with the returns from any precinct may have a recount of 
the votes cast therein, by presenting to the county election 
commissioners a petition showing reasonable grounds for be- 
lieving that the return, as made by the judges of election, does 
not give a correct statement of the vote as actually cast, as 
the same is shown by the ballots returned with the certificate 
of the judges. Upon the prayer of such petitions being 
granted, the commissioners shall open the package containing 
the said ballots and proceed to recount the same in the man- 
ner prescribed by law for the count to be made by the judges 
in the first instance, and the result as found upon such recount,, 
if the same differs from that certified by the judges, shall be 
included in the canvass as the vote for the particular precinct 
for which said recount was ordered and made. After the re- 
count is completed, the ballots shall again be sealed and kept 
as herein provided. (Act 1891.) 

Sec. jj. Per diem of county board. — The members of 
the county board of election commissioners shall each receive 
for his service the sum of two 'dollars per day for each day 
actually engaged in the duties of his office, but in no event 
shall the number of days charged for exceed ten for services 
to be rendered in connection with any particular election. 
(Act 1891). 

Sec. 78. Sheriflf 's fees. — .Sheriffs being allowed the same 
fees for services performed hereunder as for similar services for 
which fees are fixed by law. (Act 1891.) 

Sec. 79. Printing under this act, except in municipal 

elections, how paid for. — All printing and other things re- 
quired by this act to be done, except the posting of municipal 
nominations alone, and the printing of the ballots to be used 
exclusively in municipal elections, shall be at the expense of 
the several counties in which they shall be done, respectively,. 



—28— 

:and shall be defrayed in the same manner as other county 
•general expenses are defrayed. (Act 1891.) 

COMPENSATION ALLOWED MESSENGER, JUDGE 

AND CLERK. 

Sec. 80. Messenger to be paid by whom. — Compen- 
;sation shall be allowed to the messenger employed to convey 
the returns of any senatorial election to the clerk of the county 
in the district to whom such returns are required to be made, 
at the rate of ten cents per mile, going and returning, to be 
paid by the county sending such returns. (Mansf. Dig., sec. 

•2745-) 

Sec. 81. Judge to be paid for taking returns to 
county seat, by whom. — There shall be allowed to each 
judge of the election carrying the returns of any election from 
his township to the county election commissioners ten cents 
per mile, going and returning, from the place of holding the 
• election to the clerk's office, to be paid by the county. 
(Mansf. Dig., sec. 2746.) 

Sec. ^2. County commissioners to send returns to 

.secretary of state, when. — The commissioners of election 
ishall, within two days after the comparison and examination 
of the returns of any election, deposit in the nearest post- 
office, on the most direct route to the seat of government, 
certified copies of the abstracts of the returns of the election 
for members of congress and all executive, legislative and 
judicial officers, directed to the secretary of state, and they 
shall, at the same time, enclose in a separate envelope directed 
to the speaker of the house of representatives, in care of the 
secretary of state, at the seat of government, a certified copy 
of the abstract of votes given for governor, secretary of state, 
auditor of state, treasurer of state, and attorney general. (Act 
1891.) 

Sec. 83. Secretary of state to safely keep returns 
:addressed to speaker of house of representatives.— It is 
hereby made the duty of the secretary of state to safely keep 
Ihe returns addressed to the speaker of the house of repre- 



—29- 

sentatives until the same shall be required, for the purpose of 
ascertaining and declaring the result of the election, as pre- 
scribed in section 3, article 6, of the constitution. (Act 1891.)^ 

Sec. 84. Secretary of state to send messenger after 
returns, when. — If there shall be any failure to receive at 
the seat of government the copy of the returns from any- 
county, intended either for the secretary of state or the 
speaker of the house of representatives, for two days after the 
same is due, the secretary of state shall dispatch a messenger 
to the county from which said returns have not been received 
with directions to bring up such returns or copies thereof. 

Sec. 85. Penalty for county commissioners failing 
to make returns. — If such failure shall happen by neglect oC 
the county election commissioners, they shall forfeit to the 
state the sum of ;$ioo, together with the expense of such 
messenger, to be recovered by action of debt before any court 
having jurisdiction thereof. (iA^ct 1891.) 

CANVASS OF VOTES BY SECRETARY OF STATE. 

Sec. 86. Governor to proclaim election of congress- 
men. — It shall be the duty of the secretary of state, in the 
presence of the governor, within thirty days after the time 
herein allowed to make returns of election by the clerks of 
the county court, or sooner, if all the returns shall have been 
received, to cast up and arrange the votes from the several 
counties, or such of them as m.ay have made returns, for each 
person voted for as member of congress ; and the governor 
shall immediately thereafter issue his proclamation, declaring 
the person having the highest number of votes to be duly 
elected to represent this state in the house of representatives 
of the congress of the United States, and shall grant a cer- 
tificate thereof, under the seal of the state, to the. person so 
elected. (Mansf. Dig., sec. 2708.) 

Sec. 87. Tie vote, governor to order an election. — 
Should any two or more persons have an equal number of votes, 
and a higher number than any other person, the governor, in 
suph case, shall issue his proclamation, giving notice of suck 



fact, and that an election will be held at the several places of 
holding elections in the district for such member of congress, 
in which he shall mention the day on which the election is to 
be held, and it shall be conducted, and returns thereof made, 
agreeably to the provisions of this act. i ^lansf. Dig., sec. 2709.) 

Sec. SS. Secretary of state, in presence of governor, 

to cast up votes.— It shall be the duty of the secretary of 
state, in the presence of the governor, within thirty da\-s after 
the time herein allowed to make returns of elections to the 
-county election commissioners, or sooner, if all the returns 
shall have been received, to cast up and arrange the votes irom 
t:ie several counties t'or each person voted for, for any legisla- 
tive, judicial or executive office, except the offices named in 
section 3, article 6, of the constitution ; and such persons as 
shall have received the highest number of votes for judge of 
the supreme court, commissioner of state lands, chancellor, 
clerk of the Pulaski chancer}- court, within the state; judges 
of the circuit court and prosecuting attorne\'S, in their respec 
tive districts or circuits; judges of the county and probate 
court, circuit clerk, county clerk, sheriff, coroner, surve\-or and 
assessor, in their respective counties : and justices of the peace, 
in their respective townships, and all other officers required by 
law, shall be immediateh' commissioned by the governor. 
(Mansf. Dig., sec. 2710. 

Sec. 89. Governor to order special election in case of 
a tie. — If two or more persons have an equal number of votes 
for the same office, and a higher number than any other per- 
son, the governor, in such case, shall issue a writ of election, 
directed to the sheriff of the proper county or counties in 
which such election shall be held, on a day therein named, for 
the purpose of electing any legislative, judicial or executive 
officer, except the officers named in section 3, article 6, of 
the constitution, and constables, where there appears to be a 
tie vote. (^lansf. Dig., sec. 271 1.) 

Sec. 50. Secretary of state to furnish general assem- 
bly with list of members. — It shall be the duty of the 
secretary of state, on the first dav of each regular session of 



—31— 

the general assembly, to lay before each house a list of mem- 
bers elected agreeably to the returns in his office. (Mansf. 
Dig., sec. 2712.) 

CANVASS OF VOTES FOR STATE OFFICERS. 

Sec. 91. The speaker of the house of representatives 
to publish votes for certain state officers.— The speaker 
of the house of representatives, during the first week of the 
session after each election for governor, secretary of state, 
treasurer of state, auditor of state and attorney general, shall, 
in the presence of both houses of the general assembly, open 
and publish the votes cast and given for each of the respective 
officers hereinbefore mentioned. (]\Iansf. Dig., sec. 2713.) 

Sec. r2. Tie to be decided by both houses. — The 
person having the highest number of votes for each of the re- 
spective offices shall be declared duly elected thereto ; but if 
two or more shall be equal and highest in votes for the same 
office, one of them shall be chosen by a joint vote of both 
houses of the general assembly, and a majority of all the 
members elected shall be necessary to a choice. The presi- 
dent of the senate and the speaker of the house of representa- 
tives shall make and deposit in the office of the secretary of 
state a certificate declaring what persons have been elected to 
any offices named. (IMansf. Dig.', sec. 2713.) 

VACANXIES IX OFFICE— ELECTIONS TO FILL. 

Sec. 93. Governor to order election in case of 
vacancy. — When any vacancy shall happen in the office of 
member of congress from this state by death, resignation, re- 
moval or otherwise, it shall be the duty of the governor, by 
proclamation, to order the sheriffs of the several counties to 
order an election to be held, on a certain day to be named in 
such proclamation, to supply such vacancy, and such election 
shall be conducted in the same manner, and returns thereof 
made, as herein prescribed for general elections. (Mansf. 
Dig., sec. 2714. 



—32— 

Sec. 94. President of the senate or speaker of house 
to order election is case of vacancy in governor's office. — 

Whenever the office of governor shall have become vacant by 
death, resignation, removal from office or otherwise, provided 
such vacancy shall not happen within twelve months next be- 
fore the expiration of the term ot office for which the late 
governor shall have been elected, the president ot the senate 
or speaker of the house of representatives, as the case maybe, 
exercising the powers of governor for the time being, shall im- 
mediately cause an election to be held to fill such vacanc\v 
giving, by proclamation, sixty days" previous notice thereof. 
which election shall be governed by the same rules prescribed 
for general elections of governor, as far as applicable ; the re- 
turns shall be made to the secretary of state, and the actings 
governor, secretary ot state and attorney general shall consti- 
tute a board of canvassers, a majorit}' of whom shall compare 
said returns and declare who is elected ; and if there be aeon- 
tested election the same shall be decided as contests for the 
otnce of supreme judge, i_rvlansf. Dig., sec. 2715.; 

Sec. 95. Governor to order special elections to fill 
vacancy. — If a vacancy shall occur in either of the offices 
created by article 7 of the constitution, by death, resigna- 
tion, removal from the state, circuit, county, township, or 
otherwise, if such vacanc}* is required by section 50, article 
7, oi the constitution, to be filled by special election, except 
the office of constable, it shall be the duty ot the governor to 
issue a writ of election to fill such vacancy, directed to the 
sheritt ot the proper county or counties, which election shall 
be holden on a da\' named in said writ of election, and the 
person so elected to fill a vacancy shall hold his office for the 
unexpired term of his predecessor, and until his successor is 
elected and qualified. Oviansf. Dig., sec. 2716.'! 

Sec. 96. Special elections. — AH special elections which 
ma\' be held by virtue of the provisions of sections Sj, S9. 
93 and 95. whether in the case ot a tie or to nil a vacancy, 
shall be holden within thirt\- days fro:]i the date of the writ of 
election, and when such election shall be holden for the pur- 



pose of electing a jjdge of the supreme, chancerv', circuit 
courts, or prosecuting attorney, the governor shall cause a 
copy of such writ of election to be published in one of the 
newspapers at the seat of government, and in all the news- 
papers within the circuit in which such election is to be held. 
(Mansf. Dig., sec. 2717.) 

CONTESTED ELECTIONS. 

Sec. 97. "Where contested elections are to be tried. — 

If the election of any supreme judge or commissioner of state 
lands be contested, it shall be before the circuit court of 
Pulaski county. If the election of any circuit judge, prosecu- 
ting attorney, chancellor, clerk of the Pulaski chancery court, 
a judge of the county and probate court, be contested, it shall 
be before the circuit court of the counts' where the defend- 
ant or contestee resides, or the county where the contestant 
resides and the contestee may be found. (Mansf. Dig., sec. 
2718.) 

Sec. 98. Contests to commence, when.— All actions 
to contest the election of supreme judges shall be commenced 
within one year after the election or commissioning of said 
judges, and actions for contesting the elections of aU other 
officers herein mentioned within six months after they are 
elected or commissioned. (Mansf. Dig., sec. 2719.} 

Sec. 99. Proceedings contested to be by complaint 
at law. — All actions or proceedings for contests as herem 
mentioned shall be by complaint filed in the circuit court as 
other actions at law, in which the contestant shall plainly and 
fully set forth the grounds upon which the contest is found, 
and upon the trial of the same he shall be confined to such 
grounds as are therein mentioned, but may amend the same in 
such manner and upon such terms as do not prejudice his op- 
ponent. (Mansf. Dig., sec. 2720.) 

Sec. 100. Contestant to recover judgment of ouster 
and damages, if successful. — If the contestant shall suc- 
ceed in his action, he shall not only have a judgment of ouster, 
but for damages, not exceeding the salary and fees of the office 



—34— 

during the time he was excluded therefrom, with costs of suit ; 
provided, that either party shall have the right to appeal, with 
or without supersedeas, as in other cases at law. (Mansf. Dig., 
sec. 2721.) 

Sec. 1 01. Contests for county and township offices 
to be before county judge.— When the election of any clerk 
of the circuit court, sheriff, coroner, county surveyor, county 
treasurer, county assessor, justice of the peace, constable, or 
any other count}^ or township officer, the contest of which is 
not otherwise provided for, shall be contested, it shall be 
before the county court, and the person contesting any such 
election shall give the opposite party notice in writing ten days 
before the term of the court at which such election shall be 
contested, specifying the grounds on which he intends to rely, 
and if any objections be made to the qualifications of voters, 
the names of such voters, with the objections, shall be stated 
in the notice, and the parties shall be allowed process for wit- 
nesses. (Mansf. Dig., sec. 2722.) 

Sec. 102. Depositions to be taken and court to render 
judgment, when. — Either party may, on giving notice thereof 
to the other, take depositions to be read in evidence on the 
trial, and the court shall, at the first term (if fifteen days shall 
have elapsed after such election, and if less than fifteen, then 
at the second term) in a summary way, determine the same 
according to evidence. (Mansf. Dig., sec. 2723.) 

Sec. 103. Governor to commission contestant, when. 
—If the court shall be of the opinion that the person pro- 
claimed elected is not duly elected, and the person contesting 
is elected, an order shall be entered up to that effect, and a 
copy thereof shall forthwith be transmitted to the governor, 
who shall commission the person declared duly elected by 
such order. (Mansf. Dig., sec. 2724.) 

Sec. 104. Governor to revoke commission, when. — 
If the person proclaimed duly elected shall have been com- 
missioned previous to making the order annulling his election, 
it shall be the duty of the governor to cause such person to be 
notified that his commission is revoked. (Mansf. Dig., sec. 2725.) 



—35 — 

Sec. 105. Acts of contestee valid. — Nothing in this act 
shall be construed so as to make void any act of the person so 
commissioned that would otherwise have been lawful. (?klansf. 
Dig., sec. 2726.) 

Sec. 106. Contestant to give bond for costs. — In all 
suits brought in any of the circuit courts, or in any of the 
county courts in this state, to contest the election of any state, 
district, circuit, county or township officer, the contestant shall 
be required to enter into a bond, with good and sufficient 
security, to be approved by the clerk of the court in which 
such suit shall be brought, conditioned that the contestant and 
his securities will pay to the contestee or defendant in the 
action and the officers of court, such sum of money as shall 
be adjudged against him in the court in which the suit shall be 
brought, or in any other court to which it shall be carried by 
appeal or otherwise. (]Mansf. Dig., sec. 2727.) 

Sec. 107. When and how contestant to proceed. — 
The contestant in such suits as are contemplated in the pre- 
ceding section shall not proceed with his case in any manner, 
save filing his complaint, or take any testimony in his case 
until he shall have filed in the clerk's office and obtained the 
approval of such a bond as is contemplated in said section. 
(]\Iansf. Dig., sec. 2728.) 

Sec. 108. Judgment to be rendered against contest- 
ant and bondsmen, when. — If, upon the trial of any such 
suit as is mentioned in section 106, judgment shall be rendered 
against the contestant, judgment shall immediately be rendered 
against him and his securities in the bond for costs in favor of 
the contestee or defendant in the action and the officers of 
court for the amount due them as costs in the case. (Mansf. 
Dig., sec. 2729.) 

CONTESTING ELECTION OF SENATORS AND REP- 
RESENTATIVES. 

Sec. 109. Manner of procedure in contest for state 
senate or house of representatives. — If any candidate of 
the proper county or district contests any election of any 



-36- 

person returned duly elected to the state senate or house of 
representatives, such person shall give notice thereof, in writ- 
ing, to the person whose election he contests, or leave a written 
notice thereof at the house where such person last resided^ 
within twenty days after the return of the election to the 
clerk's office, expressing the points on which the same will be 
contested and the names of the two justices of the peace who- 
will attend to the taking of the depositions, and when and 
where they will attend to take the same. (Mansf. Dig., sec- 
2730.) 

Sec. 1 10. Depositions to be taken, when. — The time 
for taking depositions in chief on the part of the contestant 
shall not exceed thirty days from the day of the election. 
(Mansf. Dig., sec. 2731.) 

Sec. III. Witness, how summoned and by whom. — 
The justices, or either of them, shall issue subpoenas for all 
witnesses required by the contestant, commanding such per- 
sons to appear before them to testify at the time and place 
therein mentioned. (Mansf. Dig., sec. 2731.) 

Sec. 112. Manner of contesting, void. — The contest- 
ant shall close his evidence in chief before the contestee com- 
mences, and if the contestee does not desire to take any depo- 
sitions, and so states to the justice, then in that event the 
justice shall close the case and transmit the papers as herein 
directed. (Mansf. Dig., sec. 2732.) 

Sec. 113. If the contestee desires to take any proof on. 
any point not set out in the notice served on him, he shall 
serve a notice in writing on the contestant, setting forth the 
grounds of his cross contest or new points to be raised on his- 
part, and naming therein some person authorized to take 
depositions, before whom the depositions are to be taken, such 
notice to be served at least three days before commencing to 
take depositions. (Mansf. Dig., sec. 2733.) 

Sec. 114. The contestee shall be confined to the grounds 
or points set out in the notice given by him, and the contest- 
ant, after the conclusion of the evidence taken by the contes- 
tee, may produce evidence on the said grounds or points; all 



—37— 

of his evidence shall be closed at least ten days before the day- 
fixed for the meeting of the general assembly. (Mansf. Dig., 
sec. 2734.) 

Sec. 115. The contestant may take rebutting testimony 
up to the day before the meeting of the general assembly, but 
shall take no evidence thereafter. (Mansf. Dig., sec. 2735.) 

Sec. 116. Witnesses in contest cases to be attached, 
when. — If any person summoned as a witness to testify in any 
contested election shall fail to attend, his attendance may be 
compelled by attachment. (Mansf. Dig., sec. 2736.) 

Sec. 117. Testimony to be certified to respective 

houses. — The justices shall hear and certify all testimony 
relative to such election to the president of the senate, if the 
contest is for a seat in the senate ; and if for a seat in the 
house of representatives, then to the speaker of the house of 
representatives. (Mansf. Dig., sec. 2737.) 

Sec. 118. — Kind of testimony to be received by the 
justice of the peace. — No testimony shall be received on 
the part of the person contesting the election by the justice 
which does not relate to the points specified in the notice, a 
copy of which notice, attested by the person who delivered or 
served the same, shall be delivered to the justices, and be by 
them transmitted with the depositions. (Mansf. Dig., sec. 

2738.) 

CONTESTS FOR STATE OFFICES. 

Sec. 119. Contest to be before general assembly. — 

All contested elections of gbvernor, secretary of state, treas- 
urer of state, auditor of state, and attorney-general, except as 
herein provided, shall be decided by the joint vote of both 
houses of the general assembly, and in such joint meeting the 
president of the senate shall preside. Mansf. Dig., sec. 2739.) 
Sec. 120. Contestant to petition general assembly, 
how- — If any person contests the election of governor, he 
shall present his petition to the general assembly, setting forth 
the points on which he will contest the same, and the facts 
which he will prove in support of such points, and shall pray 
for leave to introduce his proofs, and a vote shall be taken by 



-38— 

yeas and nays in each house whether the prayer shall be 
granted. (Mansf. Dig., sec. 2740.) 

Sec. 121. If petition is granted joint assembly to 
appoint committee and take testimony, how. —If a ma- 
jority of the whole number of votes of both houses shall be in 
the affirmative, they shall appoint a joint committee to take 
testimony on the part of the petitioner, and also on the part of 
the person whose place is contested, with power to send for 
witnesses ; who may issue warrants, under the hand of the chair- 
man, to any judge or justice of the peace, to take the deposi- 
tions of witnesses at such time and place as the warrant shall 
direct, and the points to which the testimony is to be taken 
shall beset forth in such warrant. (Mansf. Dig., sec. 2741.) 

Sec. 122. Notice to be given opposite party where 
and when depositions to be taken. — Reasonable notice 

shall be given by the party in whose favor depositions shall be 
allowed to be taken to the opposite party of the time and 
place of taking the same, and the judge or justice shall proceed 
in all things, in the attendance of witnesses and in taking and 
certifying the testimony, as is directed in the preceding sec- 
tion. (Mansf. Dig., sec. 2741.) 

Sec. 123. Contestant may examine witnesses. — The 
party shall also be allowed to attend the examination of wit- 
nesses before the committee, and to cross-examine them, but 
no testimony shall be taken except in relation to the points set 
forth in the petition. (Mansf. Dig., sec. 2743.) 

Sec. 124. Committee to report to the two houses. — 
The committee shall report the facts to the two houses, and the 
day shall be fixed by a joint resolution for a meeting of the two 
houses to decide upon the same, on which decision the yeas 
and nays shall be taken and entered on the journal of each 
house. (Mansf. Dig., sec. 2744 ) 

PRESIDENTIAL ELECTORS— WHEN CHOSEN, ETC. 

Sec. 125. Presidential election, when held.— The elec- 
tion or appointment of electors for president and vice president 
of the United States shall be had and held on the Tuesday next 



—39— 

after' the first Monday in the month of November of the year 
eighteen hundred and seventy-six, and every four years there- 
after. (]Mansf. Dig., sec. 2749.) 

Sec. 126. Manner of holding election for president. 
— The quahfied voters of this state shall meet at their respect- 
ive places of holding elections, and shall proceed to choose as 
many fit and proper persons as the state shall be entitled to as 
electors of president and vice president, which election shall 
be conducted by the judges who may have been appointed to 
hold the general election of the state for the same year, and 
under the same regulations as are or m.ay be required by the 
law regulating such general election ; and it shall be the duty 
of the judges of such election, in the different townships, to 
make returns thereof to the county election commissioners 
for their respective counties, within five days after such elec- 
tion ; which election commissioners shall, within five days after 
they receive such returns, certify and transmit the same by 
some person employed for that purpose, or by mail, to the 
governor, whose duty it shall be, within twenty days after the 
day of election, to add up the votes of the several counties, 
and the persons having the highest number of votes shall, by 
him, be declared elected; and it shall be the duty of the gov- 
ernor, at the expense of the state, in all cases, immediately to 
notify the persons chosen of their election as soon as the same 
shall have been ascertained, agreeably to the provisions afore- 
said. (Mansf. Dig., sec. 2750. 

Sec. 127. Governor to cause lists of election to be 
delivered to them- — The governor shall, on or before the 
meeting of such electors, cause three lists of the names of such 
electors to be made and delivered to them ; and the persons 
employed in giving the notices, or conveying the returns, as 
aforesaid, shall be allowed ten cents per mile for every mile 
such person may travel in going and returning in the perform- 
ance of the services aforesaid, to be audited and piid as other 
claims. (Mansf. Dig., sec. 275 i.) 

Sec. 128. When and where the electors shall meet. 
— The electors shall meet at the seat of eovernment on the 



—40— 

first Wednesday in December next ensuing their appointment, 
and shall then and there give their votes for president and vice 
president, and shall do and perform all other duties required 
o{ them by the act of congress in that case made and provided. 
(Mansf. Dig., sec. 2752.) 

Sec. 129. Compensation of presidential electors. — 
Each elector for president and vice president of the United 
States shall have and receive as a full compensation for his ser- 
vices the sum of two dollars for every twenty miles of travel 
from his residence and return to his home, and four dollars 
per diem for every day engaged at the seat of government in 
casting the vote for president and vice president of the United 
States. (Mansf. Dig., sec. 2753.) 

Sec. 130. General assembly or governor to fill va- 
cancy in electors, when. — If the electors appointed under 
this act, or any of them, fail to attend at the seat of govern- 
ment by the hour of two o'clock in the afternoon of the day 
pointed out in this act for electing president and vice president 
of the United States, then, and in that case, the general 
assembly, if in session, shall proceed immediately, by a joint 
vote of the two houses, to fill such vacancy or vacancies; but 
if said general assembly shall not on said day be in session, 
then, and in that case, the governor shall immediately fill such 
vacancy or vacancies. (Mansf. Dig., sec. 2754.) 

Sec. 131. Persons ineligible as presidential electors 
— No senator or representative in congress, or any person 
holding an office of trust or profit under this state, or the 
United States, shall be eligible as an elector of president and 
vice president. (Mansf. Dig., sec. 2755.) 

Sec. 132. Contest, how decided. — In case the election 
of said electors, or any of them, be contested, it shall be de- 
cided as provided by this act for contesting the election of a 
judge of the supreme court. (Mansf. Dig., sec. 2756.) 



—41— 

MUNICIPAL ELECTIONS.* 

Sec. 133. When and how held. — The annual election 
of cities of the first and second class and incorporated towns 
shall be held on the first Tuesday in April of each year; and 
all officers whose election is provided for by this act, or any 
ordinance, shall be elected on that day. Special elections of 
the members of the city council of all cities and incorporated 
towns shall be held at such time and place as the mayor by 
proclamation shall direct, so that at least ten days' notice 
thereof shall be given. Special elections herein authorized to 
be held shall be held at such time and place as the city coun- 
cil may direct. In all cities there shall be a place appointed 
in each ward for holding elections. Any person who, at the 
time of the election of municipal officers, is a qualified voter 
under the laws of the state for state or county officers, and has 
resided within the corporation for six months next preceding 
the election, and thirty days in the ward where he offers to 
vote, shall be deemed a qualified elector. All elections shall 
Ibe held and conducted in the manner prescribed by law for 
holding state and county elections, so far as the same may be 
appHcable. (Mansf. Dig., sec. 904.) 

Sec. 134. County election commissioners to make 
abstract of votes, and furnish certificate of election to 

candidates. — The returns of all municipal corporations shall 
be made to the election commissioners of the county in which 
the corporation is situated, and shall be by them opened within 
three days after receiving the same, who shall count the vote 
3.S the same appears from the poll books, make an abstract 
thereof, and forward the same to the mayor; they shall, in like 
manner and without delay, furnish to each candidate elected a 
certificate of election, or leave the same at his usual place of 
abode. (Mansf. Dig., sec. 905.) 

Sec. 135. Officers to take oath of office and give 
l)Ond. — All officers elected or appointed in any municipal cor- 
poration shall take the oath or affirmation prescribed by the 
constitution of this state for officers. The aldermen or coun- 

*For fee see section 31. 



—42— 

cil may require from such officers as they think proper a bond 
with good and sufficient security, with proper penalty, for the 
faithful discharge of their offices and duties ; and shall have 
power to declare the office of any person elected vacant who 
shall fail to take the oath of office or give the bond herein re- 
quired within ten days after he shall have been notified of his 
election or appointment, and proceed to appoint as in other 
cases of vacancy. (Mansf. Dig., sec, 906.) 

Sec. 136. Governor to appoint citizens as commis- 
sioners. — For the purpose of holding the election provided 
for on the first Tuesday in x-lpril, 1875, it shall be, and it is- 
hereby made, the duty of the governor of this state, upon the 
application in writing of fift}- or more qualified electors of anjr 
city of the first class asking for the same, to appoint three res- 
ident citizens and tax-payers of such city as commissioners to 
lay off and divide such city into convenient wards, not exceed- 
ing eight, and providing suitable precincts for voting in such 
ward, which shall be done and notice thereof published by 
such commissioners in some newspaper published in said city 
at least ten days before such election. In all cities where such 
application is not made and commissioners appointed as afore- 
said, the wards thereof shall, for the purpose of the election 
aforesaid, remain as now now constituted. Provided, that after 
said election, such cities shall regulate the wards thereof as 
the council may direct ; but no change shall be made in the 
boundaries of any ward within thirty days previous to any 
city election. (Mansf. Dig., sec. 928.) 

CITIES OF THE FIRST CLASS. 

Sec. 137. Election of officers, when and how held. 

— The qualified voters of cities of the first class shall, on the 
first Tuesday in April, in the year 1875, and every two years 
thereafter, elect one ma\'or and two aldermen from each ward, 
as members of the cit\' council, one city treasurer and one po- 
lice judge, all of whom, except the aldermen, shall hold their 
offices for the term of two years, and until their successors are 
elected and qualified, and shall have such powers and perform 



such duties as are required by this act, or may be prescribed 
by any ordinance of the city not inconsistent with this act, and 
which may not be incompatible with the nature of their respec- 
tive offices. (Mansf. Dig., sec. 803.) 

Sec. 138. Term of office of aldermen, how fixed. — 
The aldermen shall be residents of their respective wards, and 
when they shall have organized, as hereinafter provided, they 
shall proceed to determine b}^ lot the time of service of each 
alderman so elected, so that one of the aldermen of each ward 
shall serve for the term of two years, and the other for one 
year ; and at every succeeding general election to be held 
therein one alderman shall be elected by the qualified voters of 
said ward, who shall possess the qualifications hereinbefore 
required, and whose term of service shall be two 3^ears, so that 
the terms of two aldermen of each ward shall always expire 
on different years, and the persons thus chosen shall hold their 
offices until their successors are elected and qualified. (MansL 
Dig., sec. 805.) 

Sec. 139. Aldermen to organize city council, when. 
— The aldermen elected for each city shall annually, on the 
next Monday after their election, assemble and organize the 
city council ; a majority of the whole number of aldermen 
shall be necessary to constitute a quorum for the transaction 
of business. They shall be JL>dcres of the election, returns and 
qualifications of their own members. (Mansf. Dig., sec. 806.) 

CITIES OF THE SECOND CLASS. 

Sec. 140. Election of officers, when to be held. — 

That the qualified voters of cities of the second class shall, on 
the first Tuesday in April, in the year eighteen hundred and 
eighty-eight, and on the same day every two years thereafter, 
elect one mayor, one city marshal, one recorder, one city 
treasurer, and for each of the wards of any such cities, two 
aldermen, which aldermen, together with the mayor, shall com- 
pose the city council. (Act 1887.) 

Sec. 141. Public officers wilfully neglecting or omit- 
ting to perform the duties imposed by this act, guilty of 



—44— 

misdemeanor. — Every public officer upon whom any duty is 

imposed by this act, who shall wilfully neglect or omit to per- 
form such duty, or who shall do anything which is by this act 
forbidden, other than the things specifically enumerated in 
sections 36 and 62 hereof, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall be punished by 
removal from office, and imprisonment in the county jail not 
less than six months nor more than twelve months, or by fine 
of not less than one hundred dollars, nor more than five 
hundred dollars, or by both such fine and imprisonment. (Act 
1891.) 

Sec. 142. Penalty for violation of this act by officers, 
other than state or county. — Any violation of this act b}- 
any election officer, or other person whomsoever, except a 
state or county officer, for which no punishment is elsewhere 
specifically prescribed in this act, shall be deemed a misde- 
meanor, and punishable as in this act provided for misde- 
meanors. rAct 1 89 1.) 

Sec. 143. Secretary of state to digest and distribute 
election laws. — As soon as practicable after the passage of 
this act. the secretary of state shall digest or codify all the 
laws of this state relating to elections and the elective franchise, 
in convenient form, under proper sub-heads, and with complete 
index, and cause to be printed and distributed to the several 
county election commissioners, sufficient number of copies 
thereof in pamphlet form to furnish ten copies to each election 
precinct or ward of a city in this state. (Act 1 89 1.) 

Sec. 144. Dram-shops and drinking-houses must be 
kept closed. — AH dram-shops and drinking-houses in any 
county, city, town or township shall be closed during the day 
of any election held therein, and the succeeding night, and any 
person selling or giving away any intoxicating liquors during 
said day or night in any county, city, town or township in which 
any such election may be held shall be punished by a fine of 
not less than two hundred dollars for each and every offense, 
or imprisonment not less than six months, or both. (]\Iansf. 
Dig., sec. 1850.) 



—4:5 — 
State of Arkan; 



IXSTRUCTIOXS TO VOTERS, 

Get tickets from election judges. 

Cross out or scratch off the names oi all persons except 
those for whom }-cu wish to vote. 

Go alone to a voting booth and prepare your ballot. 

If you want to vote for a person whose name is not on the 
ticket, 'write the name in the blank space directly under the 
list of candidates for the omce, and cross out or scratch off 
the other candidates for that office. 

Do not mark your ticket in any other way. 

If you spoil a ticket return it to election judges, v/ho will 
give you another. 

In no case will an elector be allovred to carry tickets out- 
side of the voting room. 

You must prepare your ticket within nve minutes and re- 
tire from polling place. 

Before leaving the voting booth fold your ticket so as to 
conceal its face, and show the name or initials of the judge on 
the back, and hand it to the receiving judge. 

If you cannot read or write, the judges will assist }'0u in 
making out your ticket.*" 

*NoTE — County election commissioners must have this printed on large cards^ 
in large, clear type, and post one copy in each booth and three copies in conspicuous 
places about the polling places. 



-46- 
State of Arkansas. 



INSTRUCTIONS TO VOTERS.* 

Sec. 50. Each elector upon entering the polling room 
shall be given one ballot by the judges. Before delivering a 
ballot to an elector at least one of the judges shall write his 
name or initials on the back thereof. On receiving his ballot 
the elector shall forthwith, and without leaving the polling 
room, retire alone to one of the booths provided for that pur- 
pose, and there prepare his ballot. He shall scratch off, erase 
or cross out the names of all candidates except those for 
whom he wishes to vote, and write the name of any person 
for whom he may wish to vote whose name is not printed 
where he would have it, or not printed on the ballot at all. 

Sec. 51. In the case of a constitutional amendment or 
other question, as, for instance, "for license" or ''against 
license," which the county election commissioners shall 
cause to be printed on the ballots whenever the question of 
liquor license is to be voted on, the elector shall cross out 
parts of his ballot in such manner that the remaining parts 
shall be as he wishes to vote. 

Sec. 52. After thus preparing his ballot the elector shall 
fold the same so as to conceal the face thereof, and show the 
name or initials of the judge on the back, and hand it to the 
receiving judge, who shall call out the name of the elector, 
the number of the ballot, and write the number on the ballot 
and then deposit it in the ballot box in the sight of the elector, 
who shall then immediately leave the room and go beyond the 
prohibited distance. 

Sec. 53. Any voter who shall, by accident or mistake, 
spoil any ballot so that he cannot conveniently or safely vote 
the same, may return it to the judges and receive another in 

*County election commissioners must have this printed on cards in large, 
clear type, and post one copy in each booth, and three copies in other conspicuous 
places about the polling place. 



—47— 

the place thereof. In no case shall any person be permitted 
to carry a ballot outside of the polling room. 

Sec. 54. Any elector who shall tell the judges that he 
cannot read or write, or that by reason of physical disability he 
is unable to mark his ballot, may have the assistance of two of 
the judges in the preparation of his ballot, who, in the pres- 
ence of the elector, and in the presence of each other, shall 
prepare his ballot for him as he wishes to vote it. But before 
any such elector shall be required or permitted to tell how he 
wishes his ballot made up, or for whom he wishes to vote, all 
electors, including those in the booths, shall be required to 
withdraw from the polling room. 

Sec. 55. No ballot shall be received from any elector or 
deposited in the ballot box which does not have the name or 
initials of at least one of the judges indorsed on the back of it. 

Sec. 59. Any person taking or carrying any ballot ob- 
tained from any judge outside of the polling room, or having 
in his possession outside of the polling room before the clos- 
ing of the polls, any ballot provided by any county election 
commissioners, as prescribed in this act, or any paper purport- 
ing to be such a ballot, shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof, shall be fined not less 
than twenty-five dollars, nor more than one hundred dollars, 
and imprisonment in the county jail not less than one month 
nor more than six months.* 

*The above sections correspond with sections 32, 33, 34, 35 and 36, act 1891. 



—48- 

^Certificate of Nomination by Electors. 

This is to certify that the undersigned electors of 

of have nominated the fol- 
lowing named candidates for the offices set opposite their res- 
pective names, viz : 



Office to be Filled. 



Name of Nominee. ; Political Party, 



and ask that these nominations be recorded in the same man- 
ner as those made by conventions or primary elections. 

Given under our hands this the day of , 189 



*lf for state, district or county offices mnst be signed by not less than fifty nor 
more than looo electors. It for township, ward or town offices to be signed by not 

less than ten nor more than tifty electors. 



—49— 

State of Arkansas. 

'^ State or CoiDity CoJiventioii Certificate of Nomuiation. 

We certify that a convention of delegates representing the 

party, was held at , on the 

day of , 189 , and the following nominations 

were made, viz.: 

Office to be Filled. Name of Nominees. Political Party. 



Presiding Officer of Convention. 
Secretary of Convoition. 



State of Arkansas, 



County of j 

Personally appeared before me, a within 

and for the county of the above named presid- 

*If for presidential electors, members of congress, state or district offices cer- 
tificates of nomination to be filed with the secretary of state not more than sixty nor 
less than twenty days before the election. If for county, township or municipal 
offices to be filed with the county election commissioner.^ not more than sixty nor 
less than fifteen days before the election. All nominees in order to secure the plac- 
ing of their names upi^n the ballots must first pay the fee required by law. 
E-4 



— 50— 

ing officer, and , secretary, and severally 

made oath that the foregoing certificate, by them signed, is 
true to the best of their knowledge and belief. 



Justice of ths Peace. 

[This form is intended for certifying entire list of nominations to secretary of 
state or to the county election commissioners, as the case may be.] 



INDEX, 



A. 

Sect:cn 
AMENDMENT TO CONSTIIUTION— 

must be certified by sec^etar^• cf state 39 

B. 

BETTING ON ELECTION— 

prohibited .-•- 12 

BALLOT BOXES - 

by whom and when famished -5 

by whom paid for 27 

BALLOTS— 

number of and by whom furnished . . .... 25-28 

by whom paid for 7 

must not be taken out of polling room 59 

when incorrect may be corrected 34 

must be uniform 41 

must b€ made out in five minutes . . 47 

informal to be preserved 6-5 

judges to assist in making out, when . 4>! 

form of ballots 42 

judge's name or initial must be on 52—55 

penalty for having same outside ot polling room . . 59 

how obtained by electors .50 

for constitutional convention and license, how prepared 51 

judges to furnish new ballots. *hen 53 

time and manner of counting 64 

fraudulent .. . 64 

package of, to be opened in case of contest only 71 

EOOTHS- 

how and by whom arranged 43 

penalty for destroying 45 



COUNTY BOARDS OF ELECTION COMMISSIONERS— 

how and when appointed 2-4 

termofofBce 2~fi 

who are disqualified to serve 3 

qualify before circuit clerk 4 

time and place of meeting 7 

how organized .... 7 

failure to fix voting place — sheriff to do it 75 

questions before board, how decided 8 

to appoint election judges 8 

different politics 9 



—52— 

Section 
COUNTY BOARDS OF ELECTION COMMISSIONERS— Continued. 

vacancy, liow filled 10 

to furnish and deliver to sheriff ballots, ballot boxes, poll-books, blanks, etc. ... 25 

to furnish cards of instructions 44 

not to post certain candidates 38 

to keep ballots six months ... 70 

to perform duties, county clerks and other officers in certain cases 5 

when to send after ballots, etc . 68 

pay of. . . ... 77 

to declare result of election, when 69 

to publish nominations 39-40 

may change election precincts 73 

to send returns to secretary of state . . 82 

failure to make returns . . . 8-5 

to make abstract votes, municipal elections 1.34 

CIRCUIT CLERK- 

to notify county board of appointment 4 

COUNTY CLERK- 

to keep record of changes in precincts 74 

CLERKS OF ELECTION— 

who disqualified to act 12 

to register all voters 57 

to take oath 16 

by whom appointed ... 2o 

CONTESTS— 

senators and representatives, when and where tried ... . . 101' 

certain district and county officers, when and where tried 97 

supreme judge and commissioner of state lands, when and where tried 97, 9^ 

for state officers, how conducted 119, 120, 121, 122, 123, 124 

proceedings in 110,111,112,113,114,115,116,117.118 

must be by complaint 99,107 

contestant to give bond 106 

contestant in case of success to receive damages 100 

ballot may be opened in .... 71 

for certain county and township offices, tried before county court l*'l 

depositions, how taken ^.02 

acts of contestee valid 105 

presidential electors , 132 

CARDS OF INSTRUCTION — 

county boards to furnish 43 

judges to post 43 

penalty for defacing or destroying ... 45 

to contain what 44 

forms of (see appendix) pages 45. 46 

CITIES OF FIRST CLASS— 

how organized . 139 

elections, when and how held 137 

term of office 138 

CITIES OF SECOND CLASS— 

when elections held 140 



"3 J" 



CONSTITUTION — 

amendments to 30 

baibts for . 51 



COJ^GRESSMEN— 

when elected 



CANDIDATES - 

how nominated 29 

error in nomination, how corrected. 34 

error in ballots ; when incorrect, how corrected 34 

CHALLENGE— 

voters may be 46 

CERTIFICATES- 

of persons swearing judges and clerks 19 

C0MMI5SI0NS- 

of certain officers to be revoked, when 104 

ail iisued by governor 83 

D, 

DRAM SHOPS— 

must be closed on election day 144 

E. 

ELECTIONS— 

general when held .... 1 

final opening and closing of polls . 1 

congressional, when held . 1 

all to be by ballot 2"J 

proclamation, when and by whom made .... 14 

where posted and published 15 

presidential, when and how held 125 

municipal, when and how held 123 

cities, when and how held 140 

ELECTION JUDGES— 

how and when appointed S 

vacancy, how filled S 

qualification of 10 

term of office 11 

when disqualified to act 12 

form of oath ... 16 

must number all ballots 56 

to administer eaths 13 

vacancy, how filled 20 

to post cards of instructions 44 

to appoint clerks 20 

to assist in makin? tickets, when -18,54 

to count ballots, when and how 64 

when to refuse to put ballot in box 55 

must put name or initial on ballots 50 

to furnish electorsj^with ballots 50 

how paid 81 

to affix oath to poll books, etc 19 

to affix oaths to certificates 66 

to furnish electors with new ballots, when 53 



—54— 

Section 
ELECTION JUDGES— Contincec. 

to send ballot boxes, poll books, etc., to county boards 66 

to appoint election clerks 20 

penalty for refusing to perform certain duties 67 

may interrogate electors, when 24 

may adjourn the count for a reasonable time 64 

must sign poll books 6S 

ELECTORS— 

where and from whom to obtain ballots -50 

qualiiication of 23 

when judges can interrogate as to qualiiicaiions 24 

to make ticket in five minutes and leave room 47, 49 

may be challenged, when and how 46 

must leave room, while judges are assisting in making out tickets ^ 

presidential, when and where meet 128 

presidential, compensation 129 

presidential, vacancy, how filled 180 

presidential, who ineligible , 131 

presidential, contest, how decided 132 

ELECTION PRECINCTS— 

hew changed 73 

changes to be recorded 74 

to be fixed by sheriff in certain cases 75 

ELECTIONEERING— 

wnen and where prohibitec ... 60 

ELECTION OFFICERS— 

penalty for violation eiection law . . 142 

F. 

FEES— 

how and by whom paid oO 

to accompany certificate SO 

to go into county- and town treasury 31 

FELONY— , 

to deface certificate of nominations 36 

to forge name of judges. .. 36 

to suppress nomination 36 

to destroy or make away with ballots, tally sheets, etc ... 62 

for any cfTiCer to make false returns 62 

FORMS, BLANK— 

I see appenix; . P^g'S "15, -iS, 47, 4S, 49, r>0 

G. 

GOVERNOR— 

proclaims election of congressmen - S6 

M. 

MUNICIPAL ELECTION- 

ballots and blanks, by whom furnished 28 

when and how held 133 

officers to take oath and give bond 135 

MISDEME.A.NORS— 

public officer neglecting duty, etc 13. 45, 59, 72, 141, 142 



MESSENGER— 

by whom paid. 



SKcnoN 



N. 

NOMINATIONS- 

how ma.de 29 

to be certified to 30 

fees to accompany certincate ^j 

when and where Sled 32-33 

to be published by county election coaiiBissioaers 40 

how declined 37 

felony to suppress 36 

secretary of state to certify 35 

how certified 29-30 

penalty for detaciag certificate of 36 

form for certificate cf 'see appendix pa^e? 45, 45 

o. 

OFFICERS- 

to furnish polling p. acis. bjotr.i, etc 43 

penalty for ▼iolating election law 141 

ca.nnot electioneer on election day . . tO 

OATHS— 

form of, for judges 16 

form of, for clerks 17 

judges to administer, when 18 

of judges and clerks to be affixed to poll books 19 

P. 
PEKALTY FOR— 

coming within 50 feet of polling place 43 

having ballots outside of voting room 5^ 

bribing or hiring electors. 61 

receiving bribe to vote 61 

disclosing how electors vote ...' 72 

county board foj failure to make returns S 

oScers violating the election laws 141 

defacing cards or destroying booths 45 

judges refusing to deliver ballots, etc., to coanty boards 67 

betting on election I'' 

PR I NT IN G- 

how done and by whom paid ior ,. . . 7':^ 

POLLS— 

time of opening and closing .: 

PROCLAMATIONS— 

when, how aad by whom made '. 14, 86 

where posted "! " 

POLL BOOKS- 

when and by whom furnished 25 

county or town to pay for 27 

penalty for destroying 45 

must be signed by judges and clerks 63 

presidential election 125-129 

presidential electors, nomiaatioo of 3i 



56- 



POLLING ROOMS— 

how and by whom arranged 43 

no persons allowed within 50 feet 43 

no persons to enter except to vote 



46 



R. 



RACES— 



when to vote alternately 58 

RETURNS, POOL BOOKS, ETC.— 

must be sent to county election commissioners 66 

s. 

STATE BOARD OF ELECTION COMMISSIONERS— 

members of 2 

to appoint connty boards 2 

to forward appointment of county boards to circuit clerk 4 

SALOONS— 

must be closed on election day 144 

SPECIAL ELECTIONS— 

incase of tie 89 

when ordered ii5 

time of holding . 96 

SHERIFFS— 

to serve notice of appointment on county commissioners, when 4 

to make proclamation, when and how 14 

when disqualified to perform certain duties 25-26 

to furnish election judges with ballots, poll books, ballot boxes, etc 25 

to police election precincts 26 

or deputies prohibited from electioneering, when -6 

f^es 78 

when permitted in polling room 46 

to fix voting place in certain cases 75 

SECRETARY OF STATE— 

when to certify nomination 35 

certificates of nominations, to be filed with 38 

to furnish legislature with list of members 90 

not to certify certain nominations 37 

to certify nominations to county boards 40 

to certify amendment to constitution 38 

to digest and distribute election laws l43 

to safely keep returns for speaker of the house S3 

to send after returns, when 84 

in presence of governor to cast up vote 86-88 

SPEAKER OF THE HOUSE— 

to publish votes of certain stat# officers 91 

T. 

TALLY SHEETS AND BLANKS— 

by whom furnished 25 

penalty for destroying 62 



-57- 

• Section 

V. 

VACANCIES— 

in county board, How filled 10 

in election judges, how filled 20 

in nomination of state, district or county offices, how filled 33 

in oifice of congressman, how filled 93 

presidential electors, how filled 130 

in governor's office, how filled 94 

VOTERS- 

may be challenged, when 46 

VOTES— 

when a recount may be made 76 

tie for county and district office^ how decided 89 

to be canvassed by secretary of state 

tie for state office, how; decided 88 

tie for member legislature, how decided 92 

tie far member of congress, h 3w decided " 87 

VOTING PLACE— 

sheriff to fi-v, in certain cases 75 

w. 

WARDS OF CITY- 

howf ormed 136 



LBFe'06 



